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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN KUMAR SINGH DESHWAL
Janardan Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri Arvind Kumar Srivastava along with Bhaju Ram Prasad Sharma, learned counsel for the applicants as well as Sri Raj Bahadur Verma, learned A.G.A. for the State and perused the record.
2. The present application has been filed to quash the order dated 16.09.2024 in Complaint Case No.1206 of 2022 (Kanchan Singh Vs. Harinandan Singh and others), under Sections 498-A, 323, 504 I.P.C. and Section 3/4 D.P. Act, P.S. Cmapierganj, District Gorakhpur, pending in the court of Judicial Magistrate - IIIrd, District Gorakhpur, by which application of applicants U/S 210 Cr.P.C. was allowed and police case and complaint case were directed to be tried together.
Factual Matrix
3. The fact given as to present controversy in the opposite party no.2 has lodged an F.I.R. in Case Crime No.62 of 2022, under Sections 498-A, 323, 504 and 3/4 D.P. Act against Harinandan Singh, Janardan Singh, Sheela Singh, Sumer Singh, Pooja Singh, Krishna Pratap Singh. Police after investigation has submitted charge sheet.
4. It is also clear from the record that prior to lodging the aforesaid F.I.R., opposite party no.2 had also filed a complaint on 25.1.2022 against all accuse
The court ruled that trials may be conducted together under Section 223 Cr.P.C. but should remain separate if the accused differ between a police report and a complaint case, to avoid prejudice.
The fundamental right of the accused to a speedy trial and the discretion of the court to order joint or separate trials based on the stage of the trial and potential prejudice to the accused.
(1) Joint trial is a matter of judicial discretion – Joint or separate trial must ordinarily be taken at outset of proceedings and for cogent reasons.(2) Mere discovery of error, irregularity or omis....
Merely because three separate FIRs have been filed do not mean that they could not be clubbed together and one charge-sheet could not be filed.
Joint trials are acceptable for closely related offences, but accused must demonstrate prejudice due to any procedural irregularities for a trial to be invalidated.
Consolidation of charges and a single trial can be ordered for cases involving similar offences, a common accused, and a common transaction, as per Section 223(d) of Cr.P.C.
The court held that cases arising from a police report and a private complaint regarding the same offence must be tried together under Section 210 of the Cr.P.C.
The discretion to amalgamate cases under Section 223 of the Criminal Procedure Code is not obligatory and depends on the interest of justice, and the facts, allegations, and evidence must be common f....
Multiple FIRs alleging identical offences cannot be consolidated if they arise from distinct transactions involving different complainants and evidence.
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